Palimony Agreements and Palimony Law
Palimony is financial support paid to an ex after an unmarried couple ends their long-term relationship. The ex might also receive property and other shared assets.
A court will only award palimony if the partners had an agreement. In some cases it can be an implied agreement.
What is palimony?
Palimony is financial support given to an ex after a nonmarital relationship ends. The recipient gets monthly payments or a lump sum of money.
Palimony is not a legal term; it's a mash-up of the words pal and alimony. Unlike with alimony, the court won't award palimony unless the couple had a financial agreement.
Palimony versus alimony
There are key differences — and a couple similarities — between palimony and alimony.
| Palimony | Alimony | |
|---|---|---|
| Provides financial support after a relationship ends | Yes | Yes |
| Allowed in every state | No | Yes |
| Generally paid to the ex with less income | Yes | Yes |
| Can be ordered without an agreement | No | Yes |
| Requires that you were married to the payor | No | Yes |
Palimony law
There are no specific palimony laws. You can't sue for "palimony." Instead, you'd sue for breach of contract with a civil court.
California was the first state to recognize palimony. In 1977, actor Lee Marvin's former girlfriend sued him for financial support. Though she did not win the case, the court did establish that implied agreements are enough to award palimony. In other words, an ex can get palimony even if there was never a written agreement. For example, if your ex promised to financially support you and you gave up your job, you could have a case for palimony.
Other states with palimony tend to follow the same rule. These states include:
- Arizona
- Colorado
- Iowa
- Nevada
- New York
Some states don't recognize palimony at all, including:
- Florida
- Georgia
- Maine
- Massachusetts
- Mississippi
These states may consider awarding financial support only if the couple wrote a cohabitation agreement before their relationship ended.
Palimony agreements
A palimony agreement says what financial support one unmarried partner will give the other if they break up. It's often part of a cohabitation agreement.
It's best to have a written agreement that both parties sign. However, New York law firm Eiges & Orgel notes that, "If your attorney can establish that you and your partner were living under an oral agreement or implied contract, and that you sacrificed your financial independence for the relationship, you may have a case."
Evidence that can prove your ex promised to financially support you — like witnesses, text messages and emails — can help your case for palimony.
Who is entitled to palimony?
You might be entitled to palimony if you live in a state that allows it and you have a written or implied palimony agreement with your ex.
Whether the court will award palimony depends on several factors, including:
- If there's a written or verbal palimony agreement
- How long the couple was together
- Whether the couple lived together
- If the ex asking for palimony can financially support themselves
- If the ex asking for palimony put their career or education on hold to support their partner or raise their children
- If there is a significant income gap between the former partners
How to avoid palimony
- Don't act like a married couple. Living together, calling each other "husband" and "wife," and promising marriage or financial support could all work against you.
- Keep your money and property separate. Joint accounts and property can be enough evidence for a court to award palimony to your ex, whether you have a joint checking account, house or furniture.
- Create a cohabitation agreement while you're still together. Cohabitation agreements protect the finances and assets of unmarried couples who live together. You can use one to clarify that neither of you will owe financial support if you break up. It can also set how you'll split shared assets. Check your local laws to ensure cohabitation agreements are enforceable.
If you have a child together
Child support gets decided independent of palimony. Child support is meant to go toward your child's basic expenses, like food, shelter and clothing.
Besides child support, you and your ex will have to think about co-parenting.
The Custody X Change online app has the tools you need to manage your co-parenting relationship.
- Get reminders about upcoming events in your parenting time schedule.
- Write a parenting plan for your custody case.
- Message your co-parent without hostility.
- Track parenting expenses so you know who owes what.
- And more
Let Custody X Change help you simplify co-parenting.
Frequently asked questions
How long will I get palimony?
It depends. If you have a written agreement, it should say when payments will end. Otherwise, the court will decide. You may get one lump sum rather than monthly payments.
Do I have to be in a common-law marriage to get palimony?
No. In fact, most states don't recognize common-law marriage. If you live in a state that allows palimony, you have to prove in court that you were in a long-term relationship with your ex and they agreed — in writing or verbally — they will financially support you.
Will I get more palimony if I have a kid with my ex?
No. Palimony is financial support for a former partner. Child support is for your child's needs. Apply for a support order to obligate your ex to pay.